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Staffing Agency Contract Template for Austria

This document establishes a comprehensive legal framework for temporary staffing arrangements under Austrian law, particularly in compliance with the Arbeitskr盲fte眉berlassungsgesetz (A脺G). It outlines the rights, obligations, and responsibilities of staffing agencies and client companies in temporary employment relationships, including worker placement procedures, compensation structures, compliance requirements, and risk allocation. The agreement incorporates specific Austrian labor law requirements while providing practical operational guidelines for managing temporary workforce arrangements.

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What is a Staffing Agency Contract?

The Staffing Agency Contract serves as the foundational document for temporary employment arrangements in Austria, establishing the legal and operational framework between staffing agencies and client companies. This document is essential when companies seek flexible workforce solutions while ensuring compliance with Austrian employment laws, particularly the Arbeitskr盲fte眉berlassungsgesetz (A脺G). It addresses critical aspects such as worker rights, payment terms, liability allocation, and regulatory compliance, while incorporating specific requirements of Austrian labor law. The contract is designed to protect all parties' interests while facilitating efficient temporary staffing arrangements, making it a crucial tool for businesses operating in the Austrian market that require temporary staffing solutions.

What sections should be included in a Staffing Agency Contract?

1. Parties: Identification of the staffing agency and the client company, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Services', 'Assignment', etc.

4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Agency Obligations: Staffing agency's responsibilities including worker screening, compliance with A脺G, insurance, and administrative duties

6. Client Obligations: Client company's responsibilities including workplace safety, supervision, and cooperation with the agency

7. Worker Status and Rights: Clarification of employment relationships and workers' rights under Austrian law

8. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any additional charges

9. Duration and Termination: Contract term, renewal provisions, and termination conditions

10. Compliance and Regulations: Commitment to comply with A脺G and other relevant Austrian employment laws

11. Liability and Insurance: Allocation of risks, insurance requirements, and indemnification provisions

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling procedures

14. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction under Austrian law

What sections are optional to include in a Staffing Agency Contract?

1. Non-Solicitation: Restrictions on hiring temporary workers directly, used when the agency wants to protect its workforce

2. Performance Guarantees: Specific service level commitments, included for high-volume or strategic clients

3. Training and Development: Provisions for worker training and skill development, relevant for long-term or specialized placements

4. International Assignments: Additional terms for cross-border placements, needed when workers may be placed internationally

5. Collective Agreement Compliance: Specific provisions relating to applicable collective agreements, included when relevant to the industry

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

7. Succession Planning: Procedures for replacing key temporary workers, important for critical positions

What schedules should be included in a Staffing Agency Contract?

1. Schedule 1: Fee Schedule: Detailed breakdown of rates, markups, and additional charges

2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3: Required Worker Qualifications: Standard qualification requirements for different worker categories

4. Schedule 4: Assignment Template: Standard form for documenting individual worker assignments

5. Schedule 5: Health and Safety Requirements: Specific workplace safety requirements and procedures

6. Appendix A: Standard Operating Procedures: Detailed procedures for worker placement and management

7. Appendix B: Compliance Checklist: Checklist ensuring compliance with A脺G requirements

8. Appendix C: Required Documentation: List of required worker and compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Employment Contract

Cost

Free to use

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